Ex Parte Schwarz et al - Page 2

                Appeal 2007-2193                                                                                   
                Application 10/816,369                                                                             
                       We AFFIRM.                                                                                  

                                                  INTRODUCTION                                                     
                       Appellants claim a device for sucking up particles comprising, in                           
                relevant part, a partition TW separating said collection chamber SR from                           
                said reception chamber MR and having a partition surface, said partition TW                        
                having an inlet orifice formed therein for channeling an air stream from said                      
                collection chamber SR to said suction device GB, MO, the inlet orifice of                          
                said partition TW coupling said collection chamber SR to said suction                              
                device GB, MO in said reception chamber MR (Figure 3;  claim 1).                                   
                Appellants disclose that the larger the inlet orifice in the partition TW, the                     
                less resistance opposes the air stream directed toward the suction device,                         
                which avoids an excessive pressure from the collection chamber SR to the                           
                reception chamber MR (Specification 3).                                                            
                       Claims 1, 11, and 13 are illustrative:                                                      
                       1.  A device for sucking up particles to be collected, the device                           
                comprising:                                                                                        
                       at least one collection chamber for accumulating the particles;                             
                       a suction device;                                                                           
                       at least one reception chamber storing said suction device;                                 
                       a partition separating said collection chamber from said reception                          
                chamber and having a partition surface, said partition having an inlet orifice                     
                formed therein for channeling an air stream from said collection chamber to                        
                                                                                                                  
                and 13-22 are pending in the application, all of which are rejected and on                         
                Appeal” (Br. 5) that claim 18 is pending and on appeal.                                            

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